Also known as: separations · legal separation
Written by attorneys — see sources below.
A status or arrangement in which spouses live apart while remaining legally married. It is established either by mutual agreement or by judicial decree that does not dissolve the marriage. The arrangement may address support, property division, and child custody without terminating the marital bond.
Sabrina Shah and Sean Steele signed a separation agreement that directed its terms to remain outside the decree. The court issued the decree of legal separation, identified the agreement by date and parties, and expressly stated that its terms were not unconscionable. Sabrina later sought enforcement of maintenance payments through contract remedies rather than contempt.
Serena Soto and Samuel Soto executed a marital agreement that eliminated spousal support. At separation Serena qualified for public assistance because of the elimination. She petitioned the court, which ordered Samuel to pay support sufficient to restore her eligibility threshold.
Simone Sanders obtained a decree of separation from her husband but the marriage was never dissolved. After his death she asserted surviving-spouse rights in probate. The court denied the claim because the separation decree did not terminate the marriage under the applicable statute.
Santiago Sanchez stopped providing funds to his wife Serena Soto after they began living apart. She filed a petition seeking alimony and child support based solely on the separation. The court awarded payments after finding her need and his ability to pay.
Starlight Media and its founder submitted their marital dispute to arbitration under the family-law act. The arbitrator issued an award granting a legal separation that divided property and set support. The court confirmed the award because it did not terminate parental rights or grant an adoption.
After a district court entered final judgment in a benefits dispute, Congress enacted a statute directing courts to reopen and reinstate qualifying cases. The Supreme Court held the statute invalid because it required federal courts to reopen final judgments, violating separation of powers.
No. A decree of separation that does not dissolve the marriage leaves the parties as spouses for purposes of surviving-spouse status. Only a subsequent marriage or a divorce decree changes that status.
A court may require the other party to provide support if the waiver causes eligibility for public assistance at the time of separation. The court orders only the amount necessary to avoid that eligibility.
If the decree sets forth the agreement terms, they are enforceable both as contract terms and by contempt. If the agreement directs that its terms not appear in the decree, the decree must still identify the agreement and confirm it is not unconscionable.
Yes. A spouse not receiving support may petition for alimony and child support in a legal-separation action. The award rests on the requesting spouse's need and the other spouse's ability to pay.
…Erie County Court of Common Pleas, No. 599A-1981 (April 12, 1982), holding that intermittent sexual relations during the separation period are not alone sufficient to deny a divorce under Section 201(d). But see, Caparosa v. Caparosa , Allegheny County Court of Common Pleas, Family Division, No. 1013 Jan. 1981 (Dec.…